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 Youth Sailing Program Agreement, Waiver and Liability Release 

HRCS Release and Waiver of Liability

In consideration of my child’s or my participation in activities operated by Hudson River Community Sailing Inc., a New York not-for-profit corporation (“HRCS”), I agree to the following terms of this Release and Waiver of Liability (this “Agreement”), on behalf of myself and my participating child, heirs, and estate (together, “we”):

Safety Obligations of Sailors

All individuals sailing or participating in any program of HRCS (each, an “HRCS Activity”) must conduct themselves safely and exercise good judgment. We will abide by all HRCS safety policies and procedures both written and verbal, including those specific to Covid-19. 

Risks

Sailing is challenging and physically demanding. Hazards include, but are not limited to, strong winds; wind shifts affecting boat stability and passenger balance; unanticipated swings of the boom; handling lines and winches under strain; high waves; strong tidal currents; sudden and unexpected immersion in deep waters; collision with other watercraft or stationary objects such as docks, pilings, and buoys; slips and falls on docks and walkways, or other areas on and near the boathouse; loading and unloading of sailboat; and launch in a choppy and busy marine environment.

Acknowledgement and Assumption of Risk

We acknowledge that sailing is an inherently dangerous activity, and that participating in HRCS Activities involves inherent risks, including some not described above, that can cause or lead to death, injury, illness (including communicable diseases such as COVID-19), or property damage. We understand that HRCS cannot assure our safety and cannot control or eliminate such risks, as they are an inherent aspect of HRCS’ recreational, educational and other objectives. We assume all of the risks of the HRCS Activities, whether or not such risks are inherent or described above.

Release and Waiver

In connection with any HRCS Activities in which we participate, we hereby forever release from liability HRCS, US Sailing, NY Kayak Polo, Hudson River Park Trust, the State of New York, NYC Department of Parks and Recreation, the City of New York, and each of their offices, departments, agencies, commissioners, directors, partners, officers, agents, employees, contractors, successors and assigns, and other persons or entities acting under the direction or control of any of the preceding people or entities (each of the above, an “Indemnitee”). We waive any claim against, and agree not to sue, any of the Indemnitees for any liability, loss, injury, illness, death, or expense (each, a “Loss”) in any way associated with any of our enrollment or participation in HRCS Activities including, without limitation, the use of any of its boats, equipment or facilities. This release, waiver, and promise not to sue includes, without limitation, (a) any Losses alleged to be relating, in whole or in part, to the negligence, whether active or passive, of any of the Indemnitees to the fullest extent allowed by law (but not for gross negligence or intentional misconduct); (b) claims for injury, property damage, wrongful death, and breach of contract; and (c) any other type of claim against any Indemnitee, whether at law, equity, or admiralty.

Indemnity

We will defend and indemnify each of the Indemnitees against any Loss (including, without limitation, attorneys’ fees and costs) with respect to any claim of a third party relating to our enrollment or participation in any HRCS Activities or our use of HRCS boats, equipment or facilities, to the extent permitted by applicable laws and regulations.

General Provisions

The laws of New York govern all matters related to this Agreement or our participation in HRCS Activities. With respect to any action or proceeding of any kind relating to our relationship with HRCS, including but not limited to participation in HRCS Activities, we submit to the exclusive jurisdiction of the federal and state courts sitting in New York County.

If any portion of this Agreement is determined to be unenforceable, the remaining provisions remain in effect. HRCS may use my photo, video, or other image for reproduction in any manner it desires, including, without limitation, advertising or display.

I have carefully read, understand, and voluntarily sign this Agreement. I understand that I am surrendering certain legal rights. I hereby warrant that I have legal authority to act on behalf of my participating child. I agree, on behalf of myself and my participating child, heirs, and estate, to the terms of this Agreement.

If participant is under the age of 18 at the time this document is signed, both the participant and at least one parent or guardian must sign the release.



Dated: January 4, 2025









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